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NAVY | BCNR | CY2007 | 05868-07
Original file (05868-07.rtf) Auto-classification: Denied
DEPARTMENT OF-THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 05868-07
27 March 2008

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You reenlisted in the Navy on 14 December 1945 after two years of honorable service. You served without incident for two years until 19 December 1947 when you were convicted by general court-martial (GCM) of 92 days of unauthorized absence (UA). You were sentenced to a reduction in paygrade, confinement, and a bad conduct discharge (BCD). On 19 May 1948, you received nonjudicial punishment (NJP) for absence from your appointed place of duty. You received the BCD after appellate review was completed.
         The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, prior honorable service, overall last period of service, and post service accomplishments. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your NJP and conviction by GCM for a period of UA lasting over three months. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.


The Board believes that you may be eligible for veterans’ benefits that accrued during your first period of service. Whether or not you are eligible for benefits based on either period of service is a matter under the cognizance of the Department of Veterans Affairs (DVA). If you have been denied benefits, you should appeal that denial under procedures established by the DVA.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely,



W. DEAN PFEIFFER
Executive Director

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